Legal notice

Legal notice

General information

This legal notice and information (hereinafter referred to as the “Legal Notice“) governs the use of the Internet portal service “www.bioflytech.com” (hereinafter referred to as the “Portal”). We recommend that you read these Conditions carefully before beginning to use it.

In compliance with the provisions of Law 34/2002, of 11 July, on the information society and electronic commerce services, an overview of this website is provided below:

I.- Users

Access to and/or use of the Portal confers the status of user on persons performing this action, and entails the acceptance, from that same moment, fully and with no reserve whatsoever, of the present General Conditions in addition to the Particular Conditions which, where applicable, may complement, modify or substitute the General Conditions with regard to certain Portal services and contents. Therefore, prior to using the services offered by the Portal, the user must also read the corresponding Particular Conditions carefully.

In addition, use of the Portal is equally subject to all the notices, regulations of use and instructions, made known to the user by BIOFLYTECH insofar as they replace, complete and/or modify the present Legal Notice.

BIOFLYTECH may modify these General Conditions or the Particular Conditions which apply to a Service or content, which will be published in the Portal by means of the corresponding notice. The modifications will not be applied retroactively and will come into effect from the date of their publication. If you do not accept the modified conditions of a Service, you must cease to use said Service. We recommend that you consult the Conditions of Use of the Portal periodically.

II.- Use of the website as well as its services and contents

The BIOFLYTECH Services are provided free of charge for users.

In general, the provision of the services does not require prior subscription or registration by the users. Nevertheless,BIOFLYTECH may make prior completion of the corresponding user register or the completion of forms a condition of use of some of the services. Nonetheless, registration will be carried out in the manner expressly indicated in the service itself or in the Particular Conditions which govern it, and the user must provide accurate information and keep the information provided up to date at all times. The User will be the only person responsible for any false or inaccurate statements they make and for any damages they may cause to BIOFLYTECH or to third parties due to the information they provide.

The user promises to use the Website and its services and contents without contravening the provisions set out in the present Legal Notice and any Conditions that supplement, modify or replace it, current legislation, good faith, the generally accepted uses and public order. Similarly, the use of the Website for unlawful or harmful purposes against BIOFLYTECH or any third party, or that in any way might be detrimental to or hinder the normal operation of the Website, is prohibited.

With regard to the contents (information, texts, graphics, sound and/or image files, photographs, designs, etc.), the following actions are prohibited:

Their reproduction, copying, distribution, dissemination, public communication, transformation, or modification unless you have the permission of their legitimate owners or it is legally permitted.

Any infringement of the rights of BIOFLYTECH or the legitimate owners thereof.

Any use of the aforementioned elements for commercial or advertising purposes other than those which are strictly permitted.

Any attempt to obtain the contents of the Portal by any means other than those made available to the users as well as those normally used on the Internet, providing they do not cause any harm whatsoever to the BIOFLYTECH Portal and/or to the Services and Contents.

III.- User liability for damages

The Portal will be used under the user’s exclusive responsibility, and BIOFLYTECH will be expressly exonerated from any damages and/or losses caused to the user or to third parties by said use contrary to the provisions set out in the present Legal Notice and the Particular Conditions applicable in each case. Said liability will extend to the use, by the user or any third party, of any password or similar assigned for access to the Portal, where appropriate, or to any of its services.

Notwithstanding the above, BIOFLYTECH reserves the right to refuse access to the Portal, at any time and without prior notice, to users who do not comply with these general conditions or with the particular conditions applied in each case.

IV.- Unilateral modification

BIOFLYTECH may unilaterally modify the structure and design of the Portal, whenever it considers this appropriate and without prior notice, and may modify or remove the services, the contents and the conditions of access to and/or use of the Portal.

V.- Hyperlinks

V.1.

Persons or organisations that wish to make or that make a hyperlink from a web page of another Internet portal to any of the pages of theBIOFLYTECH l portal must submit to the following conditions:

It is forbidden to reproduce, whether totally or partially, any of the services or contents of the BIOFLYTECH Portal.

Deep-links, IMG, or image links or frames may not be established with the pages of the BIOFLYTECHPortal without BIOFLYTECH’s prior express authorisation.

No false, inaccurate or incorrect statements on the pages of the BIOFLYTECH Portal, its employees, nor the services or contents of the Portal may be included.

With the exception of the signs which form part of the “hyperlink”, the web page in which it is established may not contain any brand, trade name, business sign, denomination, logo, slogan or other distinguishing marks pertaining to BIOFLYTECH without its express permission.

The establishment of the “hyperlink” will not imply the existence of a relationship between BIOFLYTECH and the owner of the web page or portal from which it is executed, nor BIOFLYTECH’s knowledge or acceptance of the services and contents offered on said portal.

BIOFLYTECH shall not be responsible for the contents or services placed at the public’s disposal on the web page or portal from which the “hyperlink” is executed nor for the information and statements included therein.

The web page in which the Hyperlink is established must not contain illegal information or contents that are illegal, that go against generally accepted morals and good habits and public order, and nor must it contain contents that contravene the rights of third parties.

Any “hyperlink” to the BIOFLYTECH Portal shall redirect the user to its home page or home pages of the sections it contains.

V.2.

The BIOFLYTECH Portal may put connections and links to other websites managed and controlled by third parties at the disposal of users. The exclusive function of these links is to facilitate online searches for information, contents and services for users; in no case may they be regarded as a suggestion, recommendation or invitation to visit these sites. BIOFLYTECH does not market, direct, previously check, or endorse the contents, services, information and statements available on said websites.

BIOFLYTECH assumes no liability, not even indirect or subsidiary, for damages and losses of any kind which may derive from the access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, products and services existing or offered on other websites not administered by BIOFLYTECH and which may be accessed through the BIOFLYTECH Portal.

VI.- Personal data protection – BIOFLYTECH Privacy Policy

BIOFLYTECH may collect personal details and information from Users using a variety of forms on the Portal for their storage and/or use in relation to said Users in order to provide certain services they may request and, with prior consent from the interested parties, for additional purposes such as to send out commercial communications. The information provided by the Users will be included in an automated file owned by BIOFLYTECH, whose business address is Méndez Álvaro, 44, 28045, Madrid, Spain or by the BIOFLYTECH company involved (hereinafter referred to as “File Manager”). On each of the forms containing personal data, the User will receive from the File Manager detailed information on the processing, its purpose, the use of the data, the obligatory or optional nature of the answers, the consequences of refusing to provide them and in general, on all the references required under applicable legislation with regard to personal data protection. Additionally, and always with the given consent of the Users, we will process the information collected from their browsing activity such as cookies (information regarding user preferences upon visiting a website), links, and system information to obtain statistics and improve the usability of our online services, contribute to an enhanced user experience, and provide Users with content relevant to their interests. More detailed information regarding this matter can be found in our Cookies Policy.

The File Manager promises to process any personal data on Users to which they have access in accordance with the provisions set out in applicable regulations and in particular (i) to treat as confidential any personal data on Users to which they have access as a consequence of the User browsing the Portal. Nevertheless, the File Manager may reveal the personal data and any other information on the User when so required by the public authorities in the performance of their legitimately attributed functions and in accordance with the applicable provisions; (ii) to adopt the technical and organisational security measures necessary to prevent the alteration, loss and unauthorised processing of or access to said data. Notwithstanding the foregoing, owing to the current security conditions on the Internet, the File Manager cannot guarantee prevention of the illicit use of User information by third parties. Consequently, neither BIOFLYTECH nor the File Manager guarantee or assume any liability for any damages and losses of any kind which may derive from alteration, loss, processing, unauthorised access to or illegal use of Users’ Information by third parties. The User promises to keep the information provided to the File Manager duly updated. The User shall be responsible for any damages and losses that BIOFLYTECH and/or third parties may suffer as a consequence of the lack of veracity, inaccuracy, lack of validity and authenticity of the data provided.

At any time, the User may exercise their right to access, rectify, cancel or oppose the treatment of their personal data, by written communication submitted to BIOFLYTECH, S.L.,Av. Santander, 25, Bloque 1 3ºB, or sent to admin@bioflytech.com

VII.- Disclaimer of warranty and liability

BIOFLYTECH provides no guarantee and assumes no liability under any circumstances for damages and losses of any kind which may be caused by:

The lack of availability, maintenance and effective functioning of the Portal and/or its services or contents.

The lack of usefulness, suitability or validity of the Portal and/or its services and contents to satisfy needs, activities or specific results or expectations of the users.

The existence of viruses or malicious or damaging programmes in the contents and/or services of the Portal which may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored by the user.

The reception, obtaining, storage, dissemination or transmission by users of the contents and breaches of the rights of intellectual and industrial property, brand names, honour, personal and family privacy, data protection, image, property or any right of third parties as a consequence of this.

Use of the Portal, its services or contents by users which is illegal, negligent, fraudulent, contrary to the present General Conditions, contrary to good faith, the generally accepted uses or public order.

The lack of legality, quality, reliability, usefulness, updating and availability of the services provided by third parties and made available to the users on the Portal and/or of the contents.

The failure of third parties to comply with their obligations or commitments with regard to the services provided to the users through the Portal.

The opinions expressed by the users in forums, chats and opinion messages which may be enabled in different areas of the Portal.

The knowledge which unauthorised third parties may have on the type, conditions, characteristics and circumstances of the use made by users of the Portal and the services and/or contents.

VIII.- Duration

The duration of the provision of the Website service and its services is for an indefinite period.

Notwithstanding the above, BIOFLYTECH reserves the right to interrupt, suspend or terminate the provision of the Portal service or of any of the services and/or contents of which it is comprised, under the same terms set out in the third condition.

IX.- Intellectual property

All brand names, trade names, or distinguishing marks of any kind that appear on the Portal are the property of BIOFLYTECH or third parties, and it may not be construed that the use of or access to the Portal and/or the services confers on the User any right whatsoever over said brand names, trade names and/or distinguishing marks.

In addition, the Contents are the intellectual property of BIOFLYTEC Hor third parties, and none of the exploitation rights which exist or may exist over said Contents may be construed as transferred to the User, under the provisions of the present Legal Notice, beyond what is strictly necessary for the proper use of the Portal and the Services.

For the purpose of preserving possible industrial and intellectual property rights, if a user or a third party should consider that their legitimate rights have been infringed due to the introduction of certain content on the Website, they must report this issue to BIOFLYTECH stating:

Personal details of the owner of the allegedly infringed rights. If the claim is lodged by a third party other than the party concerned, this party must state who they are representing.

Indication of the content protected by the industrial or intellectual property rights and its location on the Portal.

Accreditation of the aforementioned industrial or intellectual property rights.

Express statement whereby the party concerned accepts responsibility for the veracity of the information provided in the notification.

The brand names included on the Portal are subject to any applicable legislation on industrial property, and their reproduction or use without the authorisation of their owner is prohibited.

Any mention of or reference to industrial property rights of third parties included on the Portal implies recognition by BIOFLYTECH of the corresponding industrial and intellectual property rights of the owners, and their inclusion on the Portal or reference to them does not imply the existence of any right or responsibility on the part of BIOFLYTECH over these, having duly authorised their inclusion and mention, in accordance with the stipulations of current regulations, and said inclusion must not be considered as a sponsorship or recommendation by BIOFLYTECH of the aforementioned brand names.

The intellectual property rights of the Website www.bioflytech.com and any of the elements subject to Intellectual Property regulations belong solely and exclusively to BIOFLYTECH, as the owner of all the intellectual property rights.

As the sole owner of the intellectual property rights of the Portal, the exercising of the rights deriving from ownership of the website www.bioflytech.com , corresponds exclusively to BIOFLYTECH, and consequently, the granting of any authorisation to exercise any activity deriving from the exploitation rights, and in particular, the right to reproduce, the right to public communication, the right to distribute, the right to put at the disposal of the public or the right to transform, whatever the format used.

The legitimacy of the intellectual or industrial property rights corresponding to the contents supplied by third parties is the exclusive responsibility of the latter.

X.- Accessibility

BIOFLYTECH desires that all persons, regardless of their disability, condition or technological equipment are able to access the Portal. It has therefore taken various measures:

Site programming following the recommendation on Cascading Style Pages, Level 2, of the W3C.

Logical order of presentation of the screen elements.

Alternative text in images.

XI.- Applicable legislation and Jurisdiction

The present General Conditions shall be governed by Spanish law.

BIOFLYTECH and the user, expressly renouncing any other jurisdiction to which they may be entitled, shall be subject to the Jurisdiction and Courts of the user’s residence with regard to all matters that arise or actions carried out deriving from the provision of the Portal service and its services and contents and regarding the interpretation, application, fulfilment or non-fulfilment of what is set out herein. Should the residence of the User be outside of Spain,BIOFLYTECH and the User, expressly renouncing any other jurisdiction to which they may be entitled, shall be subject to the Courts of Madrid.